GUDDI BAI Vs. PURAN SAI

JUDGEMENT

(1.) THIS is objector's appeal under Section 384 of the Indian Succession Act, 1925, (in short, the "act"), against grant of succession certificate to the respondent in respect of certain amounts payable to the deceas-Budha Bahadur.

(2.) BUDHA Bahadur was working as Section Guard in Korea Colliery of the South Eastern Coal-fields Ltd. He died on 28-10-1988. After his death, his father Amar Sai and brother Pooran Sai applied for succession certificate under Section 372 of the Act in the Court of Additional District Judge, Manendragarh, Circuit Baikunthpur, District Sarguja. It was registered as Succession Case No. 2 of 1989. The father Amar Sai died during pendency of the proceedings and his name was struck out. The appellant came forward to object the grant of succession certificate to the respondent by claiming herself to be the widow of the deceased. Her claim was rejected and succession certificate was directed to be issued in favour of the respondent by the impugned order dated 29. 8. 1990. Being aggrieved, she has preferred this appeal.

(3.) IT is necessary to mention here that the appellant had also applied for succession certificate by filing an application under Section 372 of the Act before the Additional District Judge, Manendrgarh, District Sarguja. It was registered as Succession Case No. 7 of 1989. No one appeared to raise objection and, therefore, by order dated 26. 9,1989, succession certificate was directed to be issued to the appellant in respect of the amounts payable to the deceased. When the respondent came to know about this order, he filed an application for recalling the order in favour of the appellant on the ground that she was not the widow of the deceased Budha Bahadur. This application is said to be pending.